East Tennessee Natural Gas, LLC
Third Revised Volume No. 1
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Effective Date: 07/01/2009, Docket: RP97-13-036, Status: Effective
Original Sheet No. 38 Original Sheet No. 38
STATEMENT OF NEGOTIATED RATES
Customer Name: Equitable Production Company
Contract Number: 410354 1/
Rate Schedule: FT-L
Demand Rate: 2/ 3/ 4/
Commodity Rate: 2/ 3/ 4/
Term of Negotiated Rate: Service commences on 7-1-2009 and continues until the expiration of
Firm Transportation Service Agreement No. 410355.
Quantity: An initial MDTQ of 20,431 Dth/d, increasing to 40,862 Dth/d beginning on the earlier
of July 1, 2010, or upon prior written notice from Customer.
Receipt Point(s): a point of receipt at or near the intersection of Customers facilities with
the Jewell Ridge lateral.
Delivery Point(s): the intersection of Jewell Ridge lateral and ETNG's mainline facilities.
1/ The designated service agreement is non-conforming from the form of Service Agreement
contained in Transporter's Tariff.
2/ The negotiated rate shall be a Monthly Demand Rate of $4.1063 per Dth. There is no commodity
charge for the service described herein. In addition to these rates, Shipper shall pay all
applicable charges and mandatory surcharges (such as FERC Annual Charge Adjustment) and fuel
and lost and unaccounted for gas as set forth in Transporter's Tariff as revised from time to
time pursuant to Transporter's Tariff. Shipper shall not be charged for any voluntary
surcharges such as GRI Rate Adjustment.
3/ In consideration of the rates set forth above, the applicable rates for service under the
Service Agreement during the Primary Term shall remain as stated above. Therefore, pursuant
to the FT-L Rate Schedule of Transporter's FERC Gas Tariff, the rates set forth above shall
constitute Negotiated Rates. The Negotiated Rates shall replace the otherwise generally
applicable maximum recourse rate, rate component, charge or credit in Transporter's FERC Gas
Tariff ("Tariff Rates"), and the Tariff Rates shall not apply to or be available to Shipper
for service under the Service Agreement during the Primary Term (to the extent that such
Tariff Rates are inconsistent with the rates set forth above), notwithstanding any
adjustments to such generally applicable maximum recourse rate, rate component, charge or
credit which may become effective during the Primary Term.
4/ If, at any time after service commences under the Service Agreement, Transporter is
collecting its effective maximum recourse rates from other Shippers subject to refund under
Section 4 of the Natural Gas Act, Transporter shall have no refund obligation to customer
even if the final maximum rate is reduced to a level below the Negotiated Rates provided
herein. Customer's right to receive credits relating to Transporter's penalty revenue or
other similar revenue, if any, applicable to transportation service on Transporter's system
shall be governed by Transporter's FERC Gas Tariff and any applicable FERC orders and/or
regulations. In the event customer releases its firm transportation rights under the Service
Agreement, Shipper shall continue to be obligated to pay Transporter for the difference, if
any, by which the Negotiated Rate herein exceeds the release rate.